When is the deadline for service of originating application before return date?
The catalogue records a 5 days period from the return date for the originating application (counting backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Calculation basis and source
- Period
- 5 days
- Trigger
- the return date for the originating application (counting backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 62 (2) (d): the court may otherwise order. Rule 63 governs the consequences of late service.
- "at least 5 days before" is a clear-days period: neither the return date nor the day of service is counted (Legislation Act 2001 (ACT) s 151 (2), table 151, item 4 and the statutory example to item 5). Because the period is 5 days or less, Court Procedures Rules 2006 (ACT) r 6350 (2) also excludes every day the registry is closed from the count, which pushes the last day for service earlier.